Written answers

Tuesday, 8 December 2009

Department of Enterprise, Trade and Employment

Proposed Legislation

10:00 pm

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Question 109: To ask the Tánaiste and Minister for Enterprise, Trade and Employment her plans to introduce legislation to prevent employers in the public and private sectors from retaliating against employees who in the public interest disclose misconduct as per commitment in the revised programme for Government; and if she will make a statement on the matter. [45338/09]

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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Since March 2006, Government policy has been to address the issues of whistleblower protection legislation on a sectoral basis, rather than adopt a "one size fits all" approach. Ministers in the course of preparation of Bills are required to include whistleblowing provisions, as appropriate, having regard to the nature, purpose and scope of the proposed legislation in question.

In recent years the Oireachtas has endorsed this approach by including whistleblowing provisions when passing a range of diverse legislation including the following: The Safety, Health and Welfare at Work Act 2005; The Garda Síochána Act 2005; The Employment Permits Act 2006; The Health Act 2007; The Communications Regulation (Amendment) Act 2007; The Consumer Protection Act 2007; The Chemicals Act 2008; The Charities Act 2009. Whistleblowing provisions have also been included in recently published Bills including: The Employment Law Compliance Bill 2008; The Prevention of Corruption (Amendment) Bill 2008; The Labour Services (Amendment) Bill 2009; The Employment Agency Regulation Bill 2009; The Property Services (Regulation) Bill 2009.

The Government remains of the view that this sectoral response to afford protection to employees through the inclusion of appropriate whistleblowing provisions is the appropriate policy.

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